TORT LAW QUESTION

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dell2
Posts: 1
Joined: Sat Sep 29, 2012 6:39 pm

TORT LAW QUESTION

Postby dell2 » Sat Sep 29, 2012 6:45 pm

Analyze the following problem and report your conclusions in
memo form. Your answers should explain the relevant law and
apply it to the particular facts of the case. You should refer to any
relevant precedents that are discussed in the text. When
explaining an intentional tort, you should define the tort and
discuss whether all the requirements of that tort have been met.
When discussing negligence, you must discuss all the
requirements of a successful lawsuit even if you conclude that a
lawsuit would not be successful. Remember that you are
demonstrating to me that you understand the subject so a
complete explanation is necessary. Your answers must be typed
and marks will be deducted for serious errors of spelling and
grammar.


JENNIFER’S VERY BAD DAY

Jennifer, who operates a small business, has consulted you. She recently had a
rather bad day and fears that she has exposed herself to liability in tort law. Write a
memo to Jennifer in which you explain to her what torts may have occurred. Define
each tort and explain the extent of everyone’s liability. Explain how damages, if any,
would be calculated. If there are any torts of negligence, include in your answer an
explanation of the steps which must be proved in any negligence action.

Jennifer works from her office which she rents in an office building. Last week
her assistant, who was extremely valuable to her, was hired away by a competitor. She
hired a temporary secretary, Paul, to fill in but he is not very satisfactory. Two weeks
ago she noticed that the carpet in the hall was frayed and thought that it ought to be
repaired. She told Paul to get in touch with the landlord about it but Paul forgot to do so.

Last Thursday it seemed that everything went wrong. Jennifer had brought her
dog, which is normally very friendly and well behaved, to work with her. A client, Kate,
arrived for a scheduled meeting bringing her three year old child with her explaining that
her daycare arrangements had fallen through. While Jennifer and Kate were discussing
terms of their proposed contract, they did not notice that the child was playing the dog’s
tail. Suddenly there was a loud growl from the dog followed by screams from the child.
It turned out that the child had been nipped by the dog and had a very small cut. Kate
was very upset and rushed out to take the child to the doctor. Jennifer eventually
earned that the child was all right and had not needed stitches. Her dog’s vaccinations
were all current. Unfortunately, in Kate’s hurry she caught her foot in the frayed
broadloom at the entry to the office and fell. Kate broke her arm.

Just then an irate client, Richard, arrived. Richard was furious because a
product which he bought from Jennifer turns out to be available more cheaply
elsewhere. When Jennifer refused to refund his money Richard shook his fist at her and
yelled, “If you weren’t a woman, I’d beat you up.” Panicked, Jennifer grabbed a heavy
vase from her desk and, as Paul, her assistant rushed in, hit Richard over the head.
Richard was seriously hurt.

Having heard all the commotion, security arrived. A new client, Vlad, had just arrived.
Although wealthy, Vlad dressed in old clothes. The security guard took one look at him
and assumed that he was the cause of all the trouble. The security guard ordered Vlad
to return to the security office to wait for the police. Vlad went because the security
guard was very large.

Jennifer is also worried because a display cabinet which she herself set up fell
and scared a client. Jennifer thinks that she followed the installation instructions
properly but admits that she really didn’t understand all the instructions and there were
several parts left over when she finished.

Analyze each incident and determine whether tort liability has arisen. Explain
your answer defining each tort and discussing the extent of everyone’s liability. Explain
how damages, if any, would be calculated. If there are any torts of negligence, include
in your answer an explanation of the steps which must be proved in any negligence
action.

Hint: In addition to the Occupier’s Liability Act, there is a Dog Owner’s Liability Act.

User avatar
PaulKriske
Posts: 231
Joined: Sun Jul 01, 2012 1:47 pm

Re: TORT LAW QUESTION

Postby PaulKriske » Sat Sep 29, 2012 6:50 pm

dell2 wrote:Analyze the following problem and report your conclusions in
memo form. Your answers should explain the relevant law and
apply it to the particular facts of the case. You should refer to any
relevant precedents that are discussed in the text. When
explaining an intentional tort, you should define the tort and
discuss whether all the requirements of that tort have been met.
When discussing negligence, you must discuss all the
requirements of a successful lawsuit even if you conclude that a
lawsuit would not be successful. Remember that you are
demonstrating to me that you understand the subject so a
complete explanation is necessary. Your answers must be typed
and marks will be deducted for serious errors of spelling and
grammar.


JENNIFER’S VERY BAD DAY

Jennifer, who operates a small business, has consulted you. She recently had a
rather bad day and fears that she has exposed herself to liability in tort law. Write a
memo to Jennifer in which you explain to her what torts may have occurred. Define
each tort and explain the extent of everyone’s liability. Explain how damages, if any,
would be calculated. If there are any torts of negligence, include in your answer an
explanation of the steps which must be proved in any negligence action.

Jennifer works from her office which she rents in an office building. Last week
her assistant, who was extremely valuable to her, was hired away by a competitor. She
hired a temporary secretary, Paul, to fill in but he is not very satisfactory. Two weeks
ago she noticed that the carpet in the hall was frayed and thought that it ought to be
repaired. She told Paul to get in touch with the landlord about it but Paul forgot to do so.

Last Thursday it seemed that everything went wrong. Jennifer had brought her
dog, which is normally very friendly and well behaved, to work with her. A client, Kate,
arrived for a scheduled meeting bringing her three year old child with her explaining that
her daycare arrangements had fallen through. While Jennifer and Kate were discussing
terms of their proposed contract, they did not notice that the child was playing the dog’s
tail. Suddenly there was a loud growl from the dog followed by screams from the child.
It turned out that the child had been nipped by the dog and had a very small cut. Kate
was very upset and rushed out to take the child to the doctor. Jennifer eventually
earned that the child was all right and had not needed stitches. Her dog’s vaccinations
were all current. Unfortunately, in Kate’s hurry she caught her foot in the frayed
broadloom at the entry to the office and fell. Kate broke her arm.

Just then an irate client, Richard, arrived. Richard was furious because a
product which he bought from Jennifer turns out to be available more cheaply
elsewhere. When Jennifer refused to refund his money Richard shook his fist at her and
yelled, “If you weren’t a woman, I’d beat you up.” Panicked, Jennifer grabbed a heavy
vase from her desk and, as Paul, her assistant rushed in, hit Richard over the head.
Richard was seriously hurt.

Having heard all the commotion, security arrived. A new client, Vlad, had just arrived.
Although wealthy, Vlad dressed in old clothes. The security guard took one look at him
and assumed that he was the cause of all the trouble. The security guard ordered Vlad
to return to the security office to wait for the police. Vlad went because the security
guard was very large.

Jennifer is also worried because a display cabinet which she herself set up fell
and scared a client. Jennifer thinks that she followed the installation instructions
properly but admits that she really didn’t understand all the instructions and there were
several parts left over when she finished.

Analyze each incident and determine whether tort liability has arisen. Explain
your answer defining each tort and discussing the extent of everyone’s liability. Explain
how damages, if any, would be calculated. If there are any torts of negligence, include
in your answer an explanation of the steps which must be proved in any negligence
action.

Hint: In addition to the Occupier’s Liability Act, there is a Dog Owner’s Liability Act.


QFP, just in case.
Last edited by PaulKriske on Sat Sep 29, 2012 6:51 pm, edited 1 time in total.

User avatar
gaud
Posts: 5790
Joined: Sat Feb 05, 2011 2:58 am

Re: TORT LAW QUESTION

Postby gaud » Sat Sep 29, 2012 6:51 pm

PaulKriske wrote:haha, potential legal writing honor code violation?


Sure sounds like it.

User avatar
PaulKriske
Posts: 231
Joined: Sun Jul 01, 2012 1:47 pm

Re: TORT LAW QUESTION

Postby PaulKriske » Sat Sep 29, 2012 6:52 pm

eh, it could be a potential practice exam question...

either way, i doubt anyone is going to answer. what a ridiculous request.

User avatar
roaringeagle
Posts: 200
Joined: Fri Apr 13, 2012 7:11 pm

Re: TORT LAW QUESTION

Postby roaringeagle » Sat Sep 29, 2012 7:16 pm

Will I get all A's if I type "whocares" really fast like 1000 times? That should cover any issues that come up.

User avatar
dingbat
Posts: 4976
Joined: Wed Jan 11, 2012 9:12 pm

Re: TORT LAW QUESTION

Postby dingbat » Sat Sep 29, 2012 7:21 pm

Do your own homework
(would it be wrong for me to give this cheater an incorrect answer?)

User avatar
PaulKriske
Posts: 231
Joined: Sun Jul 01, 2012 1:47 pm

Re: TORT LAW QUESTION

Postby PaulKriske » Sat Sep 29, 2012 7:37 pm

dingbat wrote:Do your own homework
(would it be wrong for me to give this cheater an incorrect answer?)



define 'wrong'

User avatar
dingbat
Posts: 4976
Joined: Wed Jan 11, 2012 9:12 pm

Re: TORT LAW QUESTION

Postby dingbat » Sat Sep 29, 2012 7:44 pm

PaulKriske wrote:
dingbat wrote:Do your own homework
(would it be wrong for me to give this cheater an incorrect answer?)



define 'wrong'

Well, the bar in this thread is set at cheating on assignments, so take it from there

User avatar
PaulKriske
Posts: 231
Joined: Sun Jul 01, 2012 1:47 pm

Re: TORT LAW QUESTION

Postby PaulKriske » Sat Sep 29, 2012 7:56 pm

dingbat wrote:
PaulKriske wrote:
dingbat wrote:Do your own homework
(would it be wrong for me to give this cheater an incorrect answer?)



define 'wrong'

Well, the bar in this thread is set at cheating on assignments, so take it from there



then no.

User avatar
stillwater
Posts: 3811
Joined: Tue Jun 28, 2011 2:59 pm

Re: TORT LAW QUESTION

Postby stillwater » Sat Sep 29, 2012 7:59 pm

LOL, does this person go to Duke?

American_in_China
Posts: 308
Joined: Tue Oct 04, 2011 4:19 pm

Re: TORT LAW QUESTION

Postby American_in_China » Sun Sep 30, 2012 12:35 pm

--LinkRemoved--




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